Thomas Rosch has pointed out, according to this New York Times article today.

FORBES: New York Case Shows Conflicts In Managed Care

Thomas Rosch dissenting and Commissioner Maureen K. Ohlhausen not participating.

ENGADGET: FTC and Facebook settle privacy dispute, skip the fine

Thomas Rosch dissented from the vote approving the report, in part because he said "it is not clear that all the interested players in the Do Not Track arena" will be able to agree on a definition.

WSJ: FTC Urges Congress to Pass Digital-Privacy Law